3.It is also stated by the petitioner that the imported consignment being an edible commodity, has to be certified by the Food Safety and Standard Authority of India (FSSAI) and accordingly, two samples from the said consignment, were drawn by the respondent on 30.03.2015 and one sample was sent for test to M/s.NAWAL Analytical Laboratories, Hosur, which is a recognised laboratory of the respondent. The respondent vide order dated 01.05.2015 has rejected the same and subsequently, the petitioner made an online request for testing of the second sample at the Referral Laboratory, Mysore. The respondent has rejected the request by enclosing the report of the Referral Laboratory at Mysore. The petitioner once again made a request dated 15.05.2015 in terms of the Notification dated 20.01.2012 praying for permission to clean/sort the consignment to enable the petitioner to make the consignment standard in conformity with the standards prescribed by the respondent. The petitioner also sought permission of the respondent vide letter dated 18.05.2015 to use machinery and labour inside the bonded area/CFS for cleaning the consignment and cleaning process was completed and due endorsement dated 28.05.2015 was made by the Bond Incharge. The grievance expressed by the petitioner is that after the imported commodity was cleaned, the respondent has not come again for the purpose of drawing samples, in the light of the Notification dated 20.01.2012 and hence came forward to file this writ petition.
